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?Right place? Ebay auction and use of pics?

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What is the name of your state?NY

Hi, I sell scrapbooks on ebay and have been doing that for a couple years I guess, almost 2. I do it kind of like a small business, I like doing my own and usually do friends, family, etc...until ebay. So I sell a custom album for, in this case, $110 and they send me photos and I make the album for them and ship the album back completed.

So my question is this. I recently did a 55 page album for a family in TX, she was very sweet, she ended up going over the 30 pages and paid the other $100 for 2 albums all together. So I finished the album and I took some pics of her pages, I emailed them to her and she loved them, so I shipped the pages out. She recieved them and loved them. Well I never gave this 2 thoughts before but the next time I listed on ebay I used 2 layouts I did from her album, that I thought showed my talents for a certain design layout I do. Well she emailed me last night upset that I used her layouts w/ out written consent, etc...she wanted the $200 back that she paid me to do the 55 pages.

I guess thinking now I should have at least asked, but in all honesty I'm just a mom of 3 kids, I stay at home, I don't do this as a business, rather for fun. I took the auction off immediatly last night and I emailed ebay of the issue, just in case she went to them. I'm worried that mabye she will sue me for something. Although I dont think she would do that, she is quite upset it seems. And I'm deeply sorry, but scared now.
Thank you.
 


Were the photos of the layouts you used clear enough to discern faces, landmarks, or other personally identifying information, or was it more of a "collage" of your designs?
 
Although it's not a collage look, the photo of the layout is no close ups so you can not see faces. The only way she knew and found our b/c it was her face, etc... most of the pics were of hospital and baby. Although her face was in one photo you can't make it out clearly, as with all the faces.
 

ablessin

Member
momof2boys1girl said:
What is the name of your state?NY

Hi, I sell scrapbooks on ebay and have been doing that for a couple years I guess, almost 2. I do it kind of like a small business, I like doing my own and usually do friends, family, etc...until ebay. So I sell a custom album for, in this case, $110 and they send me photos and I make the album for them and ship the album back completed.

So my question is this. I recently did a 55 page album for a family in TX, she was very sweet, she ended up going over the 30 pages and paid the other $100 for 2 albums all together. So I finished the album and I took some pics of her pages, I emailed them to her and she loved them, so I shipped the pages out. She recieved them and loved them. Well I never gave this 2 thoughts before but the next time I listed on ebay I used 2 layouts I did from her album, that I thought showed my talents for a certain design layout I do. Well she emailed me last night upset that I used her layouts w/ out written consent, etc...she wanted the $200 back that she paid me to do the 55 pages.

I guess thinking now I should have at least asked, but in all honesty I'm just a mom of 3 kids, I stay at home, I don't do this as a business, rather for fun. I took the auction off immediatly last night and I emailed ebay of the issue, just in case she went to them. I'm worried that mabye she will sue me for something. Although I dont think she would do that, she is quite upset it seems. And I'm deeply sorry, but scared now.
Thank you.
So, you're using pages from her book to show past work, without her permission and she got wind of this and wants her money beack.

How were you advertising this before? Did you have photos of other pages, were they your personal books, and not pics of Joe Schmoe?

Personally, I can see why this person is bent, however asking for her money back is a little extreme.... In the future, you should tell people if I give you a discount, can I use 2 or 3 pages of your book for promotinal purposes. However, then you'd want a contract so that no one can come back later and say they never said that (unless you do it via e-mail and save that).

You might be best off just using your own personal pages - really - how is anyone going to know?
 

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